It is the purpose of this chapter to regulate
sexually oriented businesses, to promote the health, safety, morals,
and general welfare of the citizens of the Town of Rush, and to establish
reasonable and uniform regulations to prevent the deleterious location
and concentration of sexually oriented businesses within the Town
of Rush. The provisions of this chapter have neither the purpose nor
effect of imposing a limitation or restriction on the content of any
communicative materials, including sexually oriented materials. Similarly,
it is not the intent nor effect of this chapter to restrict or deny
access by adults to sexually oriented materials protected by the First
Amendment to the Constitution of the United States, or to deny access
by distributors and exhibitors of sexually oriented entertainment
to their intended market. Neither is it the intent nor effect of this
chapter to condone or legitimize the distribution of obscene materials.

Any place to which the public is permitted or invited wherein
coin-operated or slug-operated or electronically, electrically, or
mechanically controlled still- or motion-picture machines, projectors,
or other image-producing devices are maintained to show images to
five or fewer persons per machine at any one time, and where the images
so displayed are distinguished or characterized by the depicting or
describing of specified sexual activities or specified anatomical
areas.

Instruments, devices, or paraphernalia which
are designed for use in connection with specified sexual activities.
A commercial establishment may have other principal business purposes
that do not involve the offering for sale or rental of material depicting
or describing specified, sexual activities or specified anatomical
areas and still be defined as an adult bookstore so long as one of
its principal business purposes is the offering for sale or rental
for consideration of the specified materials which depict or describe
specified sexual activities or specified anatomical areas.

Films, motion pictures, video cassettes, slides,
or other photographic reproductions which are characterized by the
depiction or description of specified anatomical areas or specified
sexual activities.

Offers accommodations to the public for any
form of consideration; provides patrons with closed-circuit television
transmissions, films, motion pictures, video cassettes, slides, or
other photographic reproductions which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas; and has a sign visible from the public right of way which advertises
the availability of this adult-type of photographic reproductions;
or

A commercial establishment where, for any form of consideration,
films, motion pictures, video cassettes, slides or similar photographic
reproductions are regularly shown which are characterized by the depiction
or description of specified sexual activities or specified anatomical
areas.

A theater, concert hall, auditorium, or similar commercial
establishment which regularly features persons who appear in a state
of nudity or live performances which are characterized by the exposure
of specified anatomical areas or by specified sexual activities.

A person who, for consideration, agrees or offers to act
as a companion, guide, or date for another person, or who agrees or
offers to privately model lingerie or to privately perform a striptease
for another person.

Any place where a person who appears in a state of nudity
or displays specified anatomical areas is provided to be observed,
sketched, drawn, painted, sculptured, photographed, or similarly depicted
by other persons who pay money or any form of consideration.

The establishment of a trust, gift, or other
similar legal device which transfers the ownership or control of a
sexually oriented business, except for transfer by bequest or other
operation of law upon the death of the person possessing the ownership
or control.

Adult uses shall be a conditional use in any Limited Industrial District, shall require issuance of a special permit by the Planning Board pursuant to § 120-69 of Chapter 120, Zoning, and shall also be subject to the following regulations:[1]

For the purposes of this chapter, measurement shall
be made in a straight line, without regard to intervening structures
or objects, from the nearest portion of the building or structure
used as part of the premises where an adult use is conducted, to the
nearest property line of the premises of a church or public or private
elementary, secondary school or licensed child day-care center, or
to the nearest boundary of an affected public park, residential district,
or residential lot.

For the purposes of this chapter, the distance between
any two adult uses shall be measured in a straight line, without regard
to intervening structures or objects, from the closest exterior wall
of the structure in which each business is located.

All adult uses shall be conducted in an enclosed building.
Regardless of location or distance, no one who is passing by an enclosed
building having a use governed by this chapter shall be able to visually
see any specified anatomical area or any specified sexual activity
by virtue of any display which depicts or shows said area or activity.
This requirement shall apply to any display, decoration, sign, window
or other opening.

A person may operate an adult use business only within the Limited Industrial District(s) in the Town of Rush in accordance with the provisions of this chapter and Chapter 120, Zoning, of the Code of the Town of Rush.

Prior to the commencement of any adult use business
or upon any transfer of ownership or control, the premises must be
inspected and found to be in compliance with all laws, ordinances,
rules and regulations applicable to the use and occupancy for an adult
use business and compliance with this chapter.

All code enforcement officials, including the Town
Code Enforcement Officer and Town Fire Marshal, shall complete their
certification that the premises is in compliance, or not in compliance,
within 20 days of the inspection of the premises by such officials.

Any owner and/or operator, employee of the owner and/or
operator or agent of the owner/operator shall permit representatives
of the Monroe County Sheriff's Office, the New York State Police,
County or State Health Department, Town Fire Marshal, Town Code Enforcement
Officer, or other Town, county or state department or agencies that
have permitting authority regarding the use and/or premises to inspect
the premises of an adult use business for the purpose of insuring
compliance with this chapter, at any time it is occupied or open for
business.

An adult use business lawfully operating as
a conforming use is not rendered a nonconforming use by the location,
subsequent to the operation of the adult use business, of a church,
public or private elementary or secondary school, public park, residential
zoning district, or a residential lot within 1,000 feet of the adult
use business.

Any violation of this chapter shall be deemed
an offense punishable by a maximum fine of $250 or by imprisonment
for not more than 15 days, or by both such fine and imprisonment.
Each day a violation occurs shall constitute a separate violation.